ZBA Hearing - February 20, 2024

just as long as you're a neighbor. Please proceed. Oh, I want to hear the addresses. Okay. I'm just

stating my opposition. I'm not an immediate neighbor, but I just want to voice that I believe

this property simply is not suited for development. We have a steep slope ordinance, and this clearly

falls under that. And the extreme level of variances requested for the dimensions is pretty

absurd and proves that this law is just not a developable law. And I do believe that understanding

the history of the law and how it, as we have discovered from Mr. Turner today, the history of

that plot of land, I think is relevant testimony. And that is all I would state today.

mark do you have any questions no no questions next hand please

kelsey lester has been allowed to speak hi there can you hear me good morning could you

please state your name and spell for the court stenographer sure my name is kelsey lester it's

k-e-l-s-e-y last name l-e-s-t-e-r you sure affirm to tell the truth the whole truth nothing but the

truth? I do. Are you a neighbor? I am a neighbor, yes. I actually live at 309 Delmar, so the property

that directly abuts 301. Okay, please proceed. Sure. So I would like to request that the zoning

committee enforce the setback requirements for the 301 Delmar property. Additionally, I would

like to highlight that the proposal submitted is not an accurate representation of the surrounding

properties. So the lack of the seven-foot setback is especially egregious because rather than

abutting a yard as it's displayed in the current proposal, it would be abutting a house that is

currently there, which is mine. So looking at the proposal, I don't believe it's giving you

an accurate representation of the impact to the neighborhood that the proposed development would

have. Without the zoning requirement enforcement, my privacy and property would be negatively

impacted. So my main request here today is that the committee enforce the zoning requirements.

Thank you. Any questions, Mr. DeMarco? No, no questions. Okay. Next hand.

Philip Wilson has been allowed to speak. Hi, could you please state your name and spell for

the court stenographer? Philip Wilson, P-H-I-L-I-P-W-I-L-S-O-N. Do you swear or affirm to tell

the truth, the whole truth, and nothing but the truth? Yes, I do. Are you a neighbor? Yes, I am.

I live directly across the street from 301 Del Mar. Please proceed, sir. Okay. I know this property

well. We moved here in 2019, visited the property quite often while our house was being built in

2018. So I find this development to be an obvious conflict with the city's zoning codes and the

community's expressed desires, which I want to quickly outline here. But first and foremost,

for the board to understand, 301 Del Mar is not a remote wooded lot. On the contrary,

301 Del Mar resides smack in the middle of our community.

That needs to be understood.

We each, that of the community, pass by 301 Del Mar each and every day to get in and out of the neighborhood

because our street, Silverwood, is the only street really to get out of the neighborhood.

our street Silverwood is the only street really to get out of the area. So here's a brief

brief history of the Epstein's ownership of 301 Delmar from the eyes of our community.

The community's first experience with the Epstein's was when in spring of 2019

when two Delmar Street community members physically blocked the unauthorized cutting

of the tree property.

Objection.

May I at least, hold on, Mr. Wilson,

please state your reason, Mr. DeMarco.

Unauthorized?

He's got no standing to talk about

what's unauthorized and what isn't.

So you watch people cut trees.

Is that what you're saying, Mr. Wilson?

Yes, and the community stopped the cutting of the trees

and called the police.

At that point, we found out that there was no permits

taken to cut down those trees and then subsequently the city fined the Epstein's

for cutting down the trees without the permit those permits have not been those fines haven't

been paid yet objection all right we don't okay that's fine you said the action that the city

took so please proceed with the rest of your comments since that fit full start of the Epstein's

ownership in 2019. It's been the community that has cared for 301 Delmar. The community has

cleared out the landscape debris left from that initial cutting down of the trees. It's been the

community that continually polices 301, picking up the trash, including mattresses, bicycles,

old household items. And it's been the community who spent their own time and money to beautify

the corner of 301 Delmar right at Silverwood with a garden. And since 2003, when the Epstein

submitted their first plans, it's been the community members who have taken the time

to listen and evaluate the plans of Mrs. Epstein. So, Mr. Wilson, I think I understand

everything the community's done. What I would want to hear from you is, well, listen one minute,

And I would want to hear why you're against this development, not what the community's done.

But I understand what you're trying to present.

But please stay with what your thoughts are relative to this project.

Well, let me just add one thing.

Finish.

The community association listened to Mr. DeMarco and Mrs. Epstein present their plan, not once but twice, to the association.

And it was a vote of 16 to nothing against the plant. And then later, as Mr. DeMarco has mentioned, and Mrs. Epstein about petitions, the neighborhood has had a petition, put it out, had it signed. 97 neighbors have signed that petition.

Actually, from what I understand, five of the people that were on that petition that signed it also signed Mrs. Epstein's petition.

Once they found that they signed it in opposition, once they saw the actual plans from talking to the people that did sign the petition, our petition.

They never saw a plan for Mrs. Epstein.

Objection. He's talking about what people have said to him. I wasn't allowed to.

I understand. I understand.

And please concentrate on why you're against this, please.

It's pretty simple.

The community's wishes are not to have this developed.

And based on, because we've learned of the coding and the coding violations, and we don't see where it makes sense to have the setbacks just denied because the building will be right in front of our face and in people's yards.

That's that's the point. Thank you. Any questions? Just a few. Mr. Wilson, you talked about the community's desires. Let's let's let me let me understand the community's desires.

You don't want anything built on this and you want to maintain this property as open space, correct?

I do personally. OK, and that's why you're opposed, right? You don't want anything to be built on this line, right?

i am not against development actually in this yard in this neighborhood we have major development

going on mr wilson i think the question is that that particular project right do i not ever want

to see something built there that's not true i would like to see something that conforms to the

codes steep slope setbacks all those that why we put those in place for the city and the protection

of properties. Did you hear the testimony of our engineer and our architect about why you have to

violate the setback in order to fit a house on the lot? I do. I have. He's miscarried.

I do. I have objection. He's mischaracterizing the engineer's testimony. The engineer clearly testified that he was only told to do one thing, the current structure that's before the board. He was never asked to consider anything that would require less of a variance, and he was paid to simply present what's before the board.

Mr. DeMarco, please proceed.

Did you understand the question, Mr. Wilson?

Could you repeat it, please?

Sure.

Did you hear the testimony of the engineer and the architect that you can't build a home on the property without variances?

Did you hear that testimony?

That's all I'm asking.

And I'll object to a stat.

It's calling for legal conclusions.

Mr. Toner, let him answer the question.

Did he even hear?

Was he on the zoo?

Did he hear that testimony at all?

I believe I did.

So do you have any idea how a house is going to be built without variances on this property?

No.

So it's true that you don't want any variances to be granted because you don't want a home to be built, correct?

Objection.

No, I didn't say that.

I did not say that.

I think what he said is if their house could be built by what we have.

Last question.

Mr. Wilson, did you state that you have maintained this property?

Yes, I've cleaned it up.

Our community has cleaned it up.

So did you get permission from the owner to trespass on this property?

No, I have not because I've never seen the owner here other than to get petitions signed.

Okay, but you freely walked upon the property and on someone else's property and did work for cleaning on the property, correct?

Objection, relevance.

Well, he could answer that question.

i mean it's yes i have that's all i have mr chairman thank you okay next hand please

chair we have dennis carlisle how many more hands do we have currently we have

two other hands all right thank you mr carlisle could you please state your name and spell for

the court stenographer? Dennis Carlisle, D-E-N-N-I-S-C-A-R-L-I-S-L-E. You swear or affirm

to tell the truth, the whole truth, and nothing but the truth? I do. Are you a neighbor? I live

within the RCO area. I'm not an immediate neighbor. So, Mr. Carlisle, we've had a lot of

testimony, so I'm going to ask, are you for this project or against? I'm for it. Okay. And I'll

tell you why. This neighborhood has basically a long history of development that where homes have

been built on steep slopes. This is also a lot that, you know, I'm not an architect or engineer

or zoning lawyer, but anyone could look at the site plan of this lot and understand,

even with a basic understanding of the code, that it's probably impossible to build a home

on this lot by right. Secondly, part of the reason I'm here is because I was instructed by

the Bridge Park Civic Association in an email yesterday to call in and oppose this. And that's

extremely inappropriate behavior by an RCO. So I made a point of calling in to support it.

Thank you. Does anyone have any questions? I do, Your Honor. Sure, please proceed.

Mr. Carlisle, what's your address? 547 Gate Street.

g-a-t-e-s correct and you don't own that property correct i do not who owns that property

i i really don't know actually are you a tenant at that property i mean what i'm sorry are you

a tenant at that property i mean i'm somewhat familiar i've walked by it i've i've uh watched

this uh come to this board every time it's been here so far so i'm familiar with it as anyone

who's watched these meetings no no 547 gate street are you oh my attendant oh yes yes i do live there

is my primary residence yes and how long have you lived there uh three years

and you testified that you know miss epstein correct i do not know miss epstein have you

ever talked to him no um you gave some testimony on your opinion as to what zoning would or would

not allow and whether reasonable developments could be constructed here are you a zoning attorney

i'm not i said that when i made the statement mr toner he testified that he wasn't

are you an engineer i already said i wasn't are you an architect i already said i wasn't

and how many times have you spoken to mr demarco before today

zero times no third questions all right mark you have any questions no no thank you one more

Mark do you have any questions no no thank you one more hand two more hands please

Leslie Wilson has been allowed to speak good morning could you state your name please and

spell for the court stenographer uh can you hear me now yes please state your name okay sorry thank

Thank you. My name is Leslie, L-E-S-L-I-E, Wilson, W-I-L-S-O-N.

Right. Do you swear, Fern, to tell the truth, the whole truth, nothing but the truth?

Yes, I do.

Are you a neighbor?

Thank you for the time, Mr. Chairman.

No, the question is, are you a neighbor?

Yes, I am a neighbor. I'm sorry. I'm hearing impaired, so I'm a little bit behind.

Okay. All right.

you've heard the testimony that we've had today um are you and we've had a lot of testimony about

this are you in favor or against this project i'm against this development could you add

anything that we haven't already heard um i would just like to add in terms of the setback

um requests i understand their neighbor 309 across the street has issues with her setback

I also have issues with the setback being the resident across the street from Delmar or from 301 on Silverwood.

Our home has windows all along the side of our house.

They're requesting that there is no 10 foot setback on the street of Silverwood.

With the elimination of the variances related to the off-street parking, the City Planning Commission recommends that the board grant their proposed dimensional variances.

Thank you.

Look, we've had a great deal of comment over four cases, and I think it'd be better if we took written comments from you.

And I think that way you can take all the time and effort you want to put in that to make both of your points.

Is that okay, Mr. Turner?

It is.

All right. Hilary, did we want to set a time on this?

Would, sorry, I'm pulling up my calendar here.

I would like to move on exhibits into the record.

Could we have the...

Just an objection to the expert report. Sorry, Hilary. Just an objection to the expert report. No objection to the photos and the other stuff.

Okay. Mr. Turner, did you previously submit those documents to the board as exhibits? Okay, because I say I didn't see anything new from you this time.

I submitted them in December before the last year.

Okay. All right. So then, okay, we already have them. Okay, thank you. Could we have closing statements written or provided to the board by Friday, March 1st? Would that be possible?

Fine with me.

um i would like a little more time than march 1st uh and look i'd like to get this property

this thing voted as soon as possible so i mean the board will give what time it needs i'm fine

with march 1st i'd like to get this resolved as quickly as possible i appreciate it what

where would you want to be with just just 20 days your honor

hillary yeah i'm i'm looking um

um

i mean march 8th isn't quite 20 days with another week be okay mr toner or would you like more time

than that as long as the court reporter is able to prepare the transcripts which i don't think

she'd be able to do in a week um oh you want okay i see what you're saying um yeah i think i think

the ace would be okay we can move it out if for some reason the transcripts aren't available but

they're normally with available within a few days of request right so i i think you have you should

Yes, they should be.

Okay.

If we need additional time, we can discuss that.

But for now, we'll say March 8th is when the closing statements are due.

Thank you.

Thanks from both of you for hearings.

And we appreciate both of your hard work.

Is there anyone in the virtual audience who their 930 case has not been called?

Thank you, Mr.